Adopted Children — How to Get a Visa

The requirements to meet under this category will depend on whether the child in question has already been adopted or is intending to be adopted once in the UK.

If the child has already been adopted, it will have to be established whether the adoption is recognised under UK law. If the adoption is recognised, the child may apply to come to the UK under the following circumstances:

• Both parents are present and settled in the United Kingdom;
  
  
• Both parents are being admitted on the same occasion for settlement;
  
  
• One parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement;
  
  
• One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead;
  
  
• One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing;
  
  
• One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care.

The following requirements must be met:

• Is under the age of 18;
  
  
• Is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit;
  
  
• Can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively;
  
  
• Was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or is the subject of a de facto adoption;
  
  
• Was adopted at a time when both adoptive parents were resident together abroad; or
  
  
• either or both adoptive parents were settled in the United Kingdom;
  
  
• Has the same rights and obligations as any other child of the adoptive parent's or parents' family;
  
  
• Was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents;
  
  
• Was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom;
  
  
• Holds a valid Entry Clearance for entry in this capacity.
  
  

If successful the adopted child will be given Indefinite Leave to Enter/Remain in the United Kingdom.

If the adoption is not legalised or legally recognised in the UK, it will be known as a De Facto Adoption and the application will be considered outside the Immigration Rules.